Digital Commons Network^™

Twenty-Five Years Through The Virginia Law Review (With Gun And Camera), Robert E. Scott

Faculty Scholarship

It is a great honor to be asked to offer a few remarks to such an august gathering. But I must confess to having had a certain puzzlement when the invitation to speak to the Law Review banquet first came. I asked one of my colleagues, "Why would they have asked me?" "It's obvious," he replied. "Their first three choices turned them down."

With that in mind, I asked my secretary, "What do they want me to talk about?" "The Future of Legal Education," she replied (somewhat portentously). This suggestion didn't ring quite true to me. I have been to …

Ephemera, Terri Whitlock

Theses

Not provided.

The Status Of Traditional Indian Justice, Agustin Grijalva

Tribal Law Journal

The Status of Traditional Indian Justice in Ecuador by Agustin Grijalva discusses constitutional reforms in Ecuador that recognize traditional Indian law and traditional Indian authorities as collective Indian rights. This article explores the historical background of the constitutional reforms, how these reforms might affect the current Ecuadorian judicial system and some potential problems in administering these reforms.

Cp 87 And Cp 100: Allotment And Fractionation Within The Citizen Potawatomi Nation, Mark Welliver

Tribal Law Journal

CP 87 and CP 100: Allotment and Fractionation Within the Citizen Potawatomi Nation by Mark Welliver illustrates some of the problematic issues faced today by interest owners of Indian allotment land by using his father's interest in allotment land as a "hypothetical," in the context of the Citizen Band Potawatomi's history and removal to Oklahoma. The article also discusses "solutions that are applicable either by the federal government, the tribes, or the individual interest holders."

Restoring Harmony Through Nalyeeh: Can The Navajo Common Law Of Torts Be Applied In State And Federal Forums?, J. R. Mueller

Tribal Law Journal

Restoring Harmony through Nalyeeh: Can the Navajo Common Law of Torts be Applied in State and Federal Forums? by J. R. Mueller demonstrates "that the Navajo Nation has developed and articulated a modern tort law and doctrine of restitution grounded in Navajo tradition and evolved from ancient custom, similar to the Anglo-American notion of common law." This article also explores whether tribal customary law can be applied in state and federal forums in light of a recent federal case Cheromiah v. United States.

Oglala Lakota Nation Profile, Danielle Her Many Horses

Tribal Law Journal

Oglala Lakota Nation Profile by Danielle Her Many Horses provides an overview of the Oglala Lakota Nation government. This profile contains information on the Oglala Lakota Nation's traditional governance and its contemporary government.

Pueblo Of Laguna Tribal Government Profile, Kim Coco Iwamoto, Frank Cerno Jr.

Tribal Law Journal

Pueblo of Laguna Tribal Government Profile by Kim Coco Iwamoto, provides readers with an overview of the Pueblo of Laguna Tribal Government. Iwamoto's profile contains information on the Pueblo's traditional law, governance, dispute resolution, and extratribal law.

Impromptu Creation Of Metal Sculpture, Yu-Ting Shih

Theses

Not listed.

Development Of A Procedure To Identify Aggregates For Bituminous Surfaces In Indiana, Terry R. West, Kyu H. Cho

JTRP Technical Reports

Adequate friction resistance is needed to prevent pavement slipperiness allowing vehicles to stop in a reasonable distance. For stone mastic asphalt surfaces, friction resistance is mainly a function of the interaction between the aggregates exposed at the road surface and vehicle tires. Aggregate performance is reduced with time by wear and polishing as a consequence of vehicular traffic. In this research a method to investigate performance based on physical, chemical and petrographic factors has been evaluated. The objective was to develop a laboratory method to test Indiana dolomite, limestone, sandstone, and gravel aggregates to predict friction resistance in the field …

Development And Evaluation Of Cement-Based Materials For Repair Of Corrosion-Damaged Reinforced Concrete Slabs, Rongtang Liu, J. Olek

JTRP Technical Reports

In this study, the results of an extensive laboratory investigation conducted to evaluate the properties of concrete mixes used as patching materials to repair reinforced concrete slabs damaged by corrosion are reported. Seven special concrete mixes containing various combinations of chemical or mineral admixtures were developed and used as a patching material to improve the durability of the repaired slabs. Physical and mechanical properties of these mixes, such as compressive strength, static modulus of elasticity, dynamic modulus of elasticity, and shrinkage were evaluated. Durability-related parameters investigated included resistance of concrete to penetration of chloride ions and freeze-thaw resistance. The results …

Evaluation And Policy For Bridge Deck Expansion Joints, Luh M. Chang, Yao-Jong Lee

JTRP Technical Reports

This report is an overview of the research that was performed for the Indiana Department of Transportation (INDOT) concerning the performance of bridge deck expansion joints. The purpose of the research is to evaluate several types of joints currently in use and also provides the evaluation criteria for rating the joint condition. The types of joints investigated are Compression Seal (B.S.) joint, Strip Seal (S.S.) joint, Integral Abutment Jointless (I.A.) joint, Poured Silicone (XJS) joint, and Polymer Modified Asphalt (LDI and PaveTech) joint. The research was performed by questionnaire surveys, Roadway Management data analysis, expert interviews, and site assessment. The …

Evaluation Of Zero Velocity Deicer Spreader And Salt Spreader, Tommy E. Nantung

JTRP Technical Reports

Increasing traffic volumes and declining resources have led to a need for innovative winter maintenance strategies, techniques, equipment and materials while not sacrificing the safety of the traveling public. Any reduction of salt usage will ease fund for other maintenance operations while minimizing salt runoff on surface and ground waters and effect of road salt on roadside vegetation. In the past, conventional spreaders have been designed for sand and are generally incapable of metering the lower, more precise amount of salt desired. The use of materials in solid form demands critical timing of the application to minimize loss of the …

Have Moral Rights Come Of (Digital) Age In The United States?, Jane C. Ginsburg

Faculty Scholarship

More than any other contemporary American legal scholar, Professor Merryman has drawn attention to the moral rights claims of artists. Anything written in the field in the United States since 1976 owes inspiration to The Refrigerator of Bernard Buffet ("The Refrigerator") Professor Merryman's seminal article in the 1976 Hastings Law Journal. I feel this particularly acutely since I became interested in the issue as a law student, in 1978. It looked like a hopeful time, for Professor Merryman had shown the way, and the Second Circuit, in the then-recently decided Monty Python case, seemed to be paying heed. The …

Norm Internalization And U.S. Economic Sanctions, Sarah H. Cleveland

Faculty Scholarship

The fifty years since the adoption of the Universal Declaration of Human Rights have seen a revolution in the promulgation and universalization of human and labor rights. Human rights conventions have proliferated in the areas of civil and political rights, social and economic rights, and the rights of women, children, minorities, and refugees. Many of these conventions have been ratified by a majority of the nations of the world. International monitoring of human and labor rights compliance is conducted by international institutions such as the U.N. Human Rights Commission and the International Labour Organization (ILO), by regional entities such as …

Taxing International Income: Inadequate Principles, Outdated Concepts, And Unsatisfactory Policies, Michael J. Graetz

Faculty Scholarship

It is a pleasure to be here today to deliver the first David R. Tillinghast Lecture of the 21st century, a lecture honoring a man who has done much to shape' and stimulate our thinking about the international tax world of the 20th.

Our nation's system for taxing international income today is largely a creature of the period 1918-1928; a time when the income tax was itself in childhood. From the inception of the income tax (1913 for individuals, 1909 for corporations) until 1918, foreign taxes were deducted like any other business expense. In 1918, the foreign tax credit (FTC) …

Title Vii And Religious Liberty, Kent Greenawalt

Faculty Scholarship

Title VII of the 1964 Civil Rights Act, which forbids religious discrimination in employment, raises in microcosm some extremely thorny questions about religious liberty; questions more familiar to most of us in constitutional settings. In focusing on these questions in their Title VII context, I am more interested in fundamental conceptual issues than in the precise details of what that law should be taken to provide.

Among the questions are: What is discrimination because of religion? How should religion be "defined"? How far should employers accommodate the religious exercise of workers? Under the First Amendment, how much accommodation can the …

European Law: Yesterday, Today And Tomorrow, George A. Bermann

Faculty Scholarship

Hans Baade's career spans a period marked by the progressive recognition of European law in American academic circles. At the time that Hans Baade decided to make the United States his academic home, historical circumstances had only recently brought to American shores a whole generation of legal scholars, mostly continental European in background and training. Aided by the compelling nature of the stories about law that they had to tell, these scholars connected strategically with an American legal academy that was then only slowly and tentatively emerging from what could be described, not unfairly, as a period of relative intellectual …

The Back-Door To Prison: Waiver Reform, "Blended Sentencing," And The Law Of Unintended Consequences, Marcy Rasmussen Podkopacz, Barry C. Feld

Articles

The Minnesota innovation, "Extended Jurisdiction Juvenile Prosecution (EJJ)," allowed judges simultaneously to impose a delinquency disposition and an adult criminal sentence, the execution of which the judge stayed pending successful completion of the delinquency sentence. Podkapacz and Feld analyze the implementation of Minnesota's new EJJ blended sentencing law in Hennepin County, the largest metropolitan county in the state.

Multidisciplinary Practice And The Future Of The Legal Profession: Considering A Role For Independent Directors, John H. Matheson, Peter D. Favorite

Articles

Edward Bartoli, a Chicago attorney, was recently suspended by the Illinois Supreme Court for aiding nonlawyers in the unauthorized practice of law. Bartoli's argument? He claimed that he was merely running a multidisciplinary practice ("MDP"). The regulations governing such activity would soon change, claimed Bartoli, and thus he was only, "ahead of his time." Because of the apparent inevitability of MDP-reform, attorneys like Bartoli are contemplating the creation of, and participation in, multidisciplinary practices throughout the United States. State regulatory bodies will be faced with the difficult determination of whether sanctions are necessary in some cases and whether sanctions are …

Material Cooperation And Catholic Institutions: An Inquiry Into Traditional Moral Principle And Its Meaning For Catholic Institutions Today, With Reference To Catholic Hospitals In Australia, Joseph C. Parkinson

Theses

This dissertation views the Principle of Legitimate Cooperation as a guiding norm for the activity of Catholic institutions in the world. It samples various expressions of the principle from the seventeenth century to the present day, noting the significance of the central terms ‘intrinsically evil acts’ and ‘sufficiently serious reason’, and suggests that while the principle traditionally applied to individual moral agents, it can also apply to institutions. Taking as starting-points the Second Vatican Council’s call for a renewal of moral theology and the Church’s post-conciliar view of itself as ‘Sacrament of Christ’, the dissertation sketches an essentially Christological and …

Chevron's Domain, Thomas W. Merrill, Kristin E. Hickman

Faculty Scholarship

The Supreme Court's decision in Chevron U.S.A. Inc. v. Natural Resources Defense Counsel, Inc. dramatically expanded the circumstances in which courts must defer to agency interpretations of statutes. The idea that deference on questions of law is sometimes required was not new. Prior to Chevron, however, courts were said to have such a duty only when Congress expressly delegates authority to an agency "to define a statutory term or prescribe a method of executing a statutory provision.^" Outside this narrow context, whether courts would defer to an agency's legal interpretation depended upon multiple factors that courts evaluated in …

Judicial Review Under Seqra: A Statistical Study, Michael B. Gerrard

Faculty Scholarship

Nearly 2000 judicial opinions were issued under the State Environmental Quality Review Act ("SEQRA") between its enactment in 1975 and the end of 2000. Almost 700 were issued from 1990 (when the author began undertaking an annual review of SEQRA cases for the New York Law Journal) through 2000. These numbers are large enough to serve as a basis for a statistically valid review of case outcomes.

This article is divided into five parts. Part I presents statistics on the SEQRA cases. Part II reviews the history of how the Court of Appeals has decided SEQRA cases. Part III …

Reflections On Environmental Justice, Michael B. Gerrard

Faculty Scholarship

Environmental justice is a very hot topic. Yesterday's New York Times on the front page of the Metropolitan section had a story stating: Mid-Sized Plants Headed to Poor Areas. The story stated, "The Pataki administration acknowledges in its own study that the electric generators that it wants to install around New York City would go into poor heavily minority communities, a finding that supports some of the arguments of the project's opponents. This is quoting an unreleased environmental justice analysis that may or may not be valid, but it certainly shows how hot a topic it is. This morning …

The Comprehensibility Of Plain Language And Non Plain Language Minnesota Civil Jury Instructions, Kathryn J. Apostal

Theses and Dissertations

A substantial volume of research (e.g., Charrow & Charrow, 1979; Elwork, Sales & Alfini, 1977, 1982) suggests that jurors do not understand the often-convoluted language of standard jury instructions. Some states have recently simplified their instructions, but others continue to debate whether change is beneficial. This study was designed to investigate whether "plain language" jury instructions lead to improved comprehension. College students listened to either new, plain language Minnesota jury instructions or older Minnesota jury instructions addressing the same topics. Participants then took a written comprehension test covering legal rules contained in the instructions. Participants also completed a Nelson-Denny vocabulary …

Criminal Theory In The Twentieth Century, George P. Fletcher

Faculty Scholarship

The theoretical inquiry into the foundations of criminal law in the twentieth century, in both civil and common law traditions, is assayed by the consideration of seven main currents or trends. First, the structure of offenses is examined in light of the bipartite, tripartite, and quadripartite modes of analysis. Second, competing theories of culpability – normative and descriptive – are weighed in connection with their important ramifications for the presumption of proof and the allocation of the burden of persuasion on defenses. Third, the struggle with alternatives to punishment for the control and commitment of dangerous but non-criminal persons is …

The Burdens And Benefits Of The American Jury, José F. Anderson

All Faculty Scholarship

There is no institution in the legal system more controversial than the American Jury. It has been praised and hated by people from all walks of life. James Madison once called it among "the most valuable" rights included in the Bill of Rights. Robert Allan Rutland, The Birth of the Bill of Rights 1776-1791, at 208 (2nd ed ., Northeastern Univ. Press 1991) (1955) (quoting 1 Annals of Cong. 755 (Joseph Gales ed., 1789)). The business community sometimes complains that it paralyzes its ability to grow. Politicians have used it as grist for their mills calling for jury reform. Television …

Student Scholarship, In One Place, But Not Another: When The Law Encourages Breastfeeding In Public While Simultaneously Discouraging It At Work, Emily F. Suski

Faculty Publications By Year

In this Essay, the author takes a novel approach to the topic of breastfeeding and work by exploring the trend among states to exempt breastfeeding from criminal indecent exposure laws and comparing this trend to the support, or lack thereof, in laws and policy for breastfeeding at work. The author's comparison reveals that while there is a trend to support breastfeeding in public, there is no such trend in the law to support breastfeeding in the relatively more private work environment.

The author argues that this disparity is both counterintuitive and serves to limit women's choices regarding breastfeeding and work. …

The Law Of White Spaces: Race, Culture, And Legal Education, Peter Goodrich, Linda G. Mills

Articles

The scene, drawn from memory, is a first-year law school classroom. It is the early 1980s and the class is on civil procedure. The teacher is a white woman. She is nervous, and the class is dominated by students who provide standard right answers to formulaic law school questions. Other points of view, particularly those of a critical or feminist nature, are either passed over quickly or ignored. Questions of color are never mentioned. More than that, the teacher never calls on any African-American students. Students of color are either ignored completely or told, when they have questions, “We are …

Trust And Persistence, Paul A. Buhler, Michael N. Huhns

Faculty Publications

We rely on computers to control our power plants and water supplies, our automobiles and transportation systems, and soon our economic and political systems. Increasingly, software agents are enmeshed in these systems, serving as the glue that connects distributed components. Clearly, we need mechanisms to determine whether these agents are trustworthy. What do we need to establish trust? Agents are often characterized by features such as autonomy, sociability, proactiveness, and persistent identity. This latter feature is key in determining trust. When agents operate over an extended period, they can earn a reputation for competence, timeliness, ease of use, and trustworthiness, …

Levels Of Interoperability In Coalition Systems, Holly A. H. Handley, Alexander H. Levis, Michel Bares

Engineering Management & Systems Engineering Faculty Publications

Systems of different command centers that are brought together in a coalition operation must have some level of interoperability in order to work together. Bares [2000] has introduced a formalism of three interoperability domains that describe the ability of the systems to define their own level of interoperability within the coalition by assessing their own and the other systems’ ability to interact on actions of the coalition. The lowest domain, interconnectivity, reflects the ability to exchange messages; this level must already have been achieved in order for the systems to participate in the coalition. The second domain, interoperability, reflects a …